Bombay High Court

WOODLANDS GARDEN CAFEversusDESIGNATED OFFICER - II ASST. ENGINEER (BUILDING AND FACTORY) AND ANOTHER

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The appeal is dismissed for want of prosecution as the appellant failed to appear.

Summary

The appellant, Woodlands Garden Cafe, filed an appeal against an order dated 7 June 2017 issued by the Municipal Corporation and a subsequent order dated 22 December 2022 dismissing its notice of motion. The appeal was scheduled for hearing on 1 July 2026, but the appellant failed to appear. The court noted that the appellant also did not appear on the current date, indicating a lack of interest in prosecuting the appeal. Consequently, the court exercised its power to dismiss the appeal for want of prosecution. The judgment was signed by Justice Aarti Sathe on 18 August 2026.

Issues considered

Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to appear?

Subjects

appeal
want of prosecution
civil procedure
municipal corporation
dismissal

Judgment

                                                                                                       1.AO.124.2023.DOC



                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                    APPEAL FROM ORDER NO.124 OF 2023
                                                                 WITH
                                                   INTERIM APPLICATION NO.1574 OF 2023

                                Woodlands Garden Cafe                                                   Appellant
                                       versus
                                Designated Officr-II, Asstt. Engineer
                                (Building & Factory) and another                                        Respondents

                                                                        _______
                                None for Appellant.
                                Ms.Neeta Jadhav i/by Ms.Komal Punjabi for Respondent-MCGM.
                                                                        _______

                                                             CORAM         :      AARTI SATHE, J.

                                                             DATE          :      18th August 2026

                                P.C.

                                1.           This Appeal from Order is filed by the Appellant against an order dated

                                7th June 2017issued by Respondent Municipal Corporation and the order dated

                                22nd December 2022 passed by the Judge, City Civil Court, Dindoshi, Mumbai in

                                Notice of Motion No.3435 of 2017 in L.C.Suit No.2305 of 2017 whereby the

                                Notice of Motion was dismissed.

                                2.           It appears that on an earlier occasion on 1 st July 2026 none appeared for

                                the Appellant. Even today also none appears for the Appellant. It seems that the

                                Appellant is not interested to prosecute the Appeal from Order. It is accordingly

                                dismissed for want of prosecution.
             Digitally signed
MANISH    by MANISH
          SURESHRAO
SURESHRAO THATTE
THATTE    Date: 2026.08.19
             10:06:31 +0530




                                                                                  (AARTI SATHE, J.)



                                M.S.Thatte

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